HomeMy WebLinkAboutA7. Res 4592
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission FROM: Carol Neibauer, Assistant Treasurer
Laurae Clark, Treasurer
Anna Rosenberry, Administrative Services Director
SUBJECT: Resolution #4592 / Creation of Special Improvement Lighting District #725 for Partridge Downs Subdivision
MEETING DATE: May 11, 2015
AGENDA ITEM TYPE: Action
RECOMMENDATION: Approve Commission Resolution No. 4592/Creation of Special Improvement Lighting District #725 for Partridge Downs Subdivision
BACKGROUND: The Commission did on April 13, 2015 approve Commission Resolution
No. 4591/Intent to create Special Improvement Lighting District #725 for Partridge Downs
Subdivision as per MCA 7-12-4301. The property owner has been noticed of the public hearing on this date. Creating a lighting district is a requirement of final plat approval.
FISCAL EFFECTS: As a result of creating this lighting district, the City will pay the
associated power bills and schedule system maintenance. We will recover these costs by billing
property owners each year on their City Assessment bill. It is estimated to cost $72.86 per acre within the district or $274.68 annually for the entire district.
ALTERNATIVES: As suggested by the City Commission.
Attachments: Resolution No. 4592 Report compiled on: March 31, 2015
397
Page 1 of 4
COMMISSION RESOLUTION NO. 4592
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO LIGHTING DISTRICT NO. 725 (PARTRIDGE DOWNS
SUBDIVISION) CREATING THE DISTRICT FOR THE PURPOSE OF MAINTAINING
LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS OF MAINTENANCE AND
ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL
ASSESSMENT.
BE IT RESOLVED by the City Commission (the “Commission”) of the City of
Bozeman, Montana (the “City”), as follows:
Section 1
Passage of Resolution of Intention. This Commission, on April 13, 2015, adopted Resolution No.
4591 (the “Resolution of Intention”), pursuant to which this Commission declared its intention to
create a special lighting district, designated as Special Lighting District No. 725 (Partridge Downs
Subdivision) of the City (the “District”), under Montana Code Annotated, Title 7, Chapter 12, Part
43, as amended (the “Act”), for the purpose of financing costs of certain local improvements
described generally therein (the “Improvements”) and paying costs incidental thereto, including costs
associated with the creation and administration of the District.
Section 2
Notice and Public Hearing. Notice of passage of the Resolution of Intention was duly published,
posted and mailed in all respects in accordance with law, and on May 11, 2015, this Commission
conducted a public hearing on the creation of the District and the making of the Improvements. The
meeting of this Commission at which this resolution was adopted is the first regular meeting of the
Commission following the expiration of the period ended 15 days after the first date of publication of
the notice of passage of the Resolution of Intention (the “Protest Period”).
398
Resolution 4592, Creation of SILD 725
Page 2 of 4
Section 3
Protests. Within the Protest Period, no protests were filed with the City Clerk.
Section 4
Creation of the District; Insufficiency of Protests. The District is hereby created on the terms and
conditions set forth in and otherwise in accordance with, the Resolution of Intention. The findings
and determinations made in the Resolution of Intention are hereby ratified and confirmed.
Section 5
Preparation and Levying of Assessments. It shall be the duty of the City Clerk to prepare all
necessary schedules and resolutions for the levying of assessments in the District necessary to
finance the Improvements and present such resolution to this Commission for adoption in
conformance with Section 7-12-4328, M.C.A., on or before the first Monday in October.
The City Clerk is authorized to provide notice of the resolution of assessment and schedule
a public hearing therefore in conformance with Sections 7-12-4329 and 7-12-4330, M.C.A., and
upon final passage of such resolution deliver it to the City Treasurer.
Section 6
Lighting District Fund Established. There is hereby created a fund to be known as the Special
Lighting District No. 725 Fund (the “Fund”). All money derived from the collection of the
assessments as provided in Section 5 herein and the Act shall be deposited in the Fund and used to
pay costs of the Improvements.
PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana,
this 11th day of May 2015.
___________________________
JEFFREY K. KRAUSS
ATTEST: Mayor
____________________________________
STACY ULMEN, CMC
City Clerk
399
Resolution 4592, Creation of SILD 725
Page 3 of 4
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
400
Resolution 4592, Creation of SILD 725
Page 4 of 4
CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE
I, the undersigned, being the duly qualified and acting recording officer of the City of
Bozeman, Montana (the “City”), hereby certify that the attached resolution is a true copy of
Resolution No. 4592. entitled: A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT 725
(PARTRIDGE DOWNS SUBDIVISION); CREATING THE DISTRICT FOR THE
PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE
COSTS FOR MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY
BY THE LEVY OF SPECIAL ASSESSMENT. 4592 (the “Resolution”), on file in the original
records of the City in my legal custody; that the Resolution was duly adopted by the City
Commission of the City at a meeting on May 11, 2015 and that the meeting was duly held by the City
Commission and was attended throughout by a quorum, pursuant to call and notice of such meeting
given as required by law; and that the Resolution has not as of the date hereof been amended or
repealed.
I further certify that, upon vote being taken on the Resolution at said meeting, the
following Commissioners voted in favor thereof:
_______________________________________________ ; voted against the same: ;
abstained from voting thereon: ; or were absent: .
WITNESS my hand officially this 12th day of May 2015.
___________________________________
STACY ULMEN, CMC
City Clerk
401
402
Block 1 Lot Sq Ft
1 7014
2 5036
3 5036
4 5036
5 5036
6 5036
7 5036
8 5036
9 5122
10 5402
11 5584
12 5203
13 5266
14 6156
Block 2 1 6792
2 5206
3 5226
4 5245
5 5265
6 5284
7 5304
8 6335
9 6334
10 5303
11 5284
12 5264
13 5245
14 5226
15 5206
16 6882
Total Assessable
Square Footage 164400
Open Space 6061
Bozeman, MT 59771
Parcel 2A COS 501
Exibit B
Partridge Downs Subdivision
Ownership:
Vision Development Inc
PO Box 1858
403